The Federal Court System

Of the two systems, the federal is by far the less complicated. According to Article III of the Constitution, "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In accordance with this directive, the federal judiciary is divided into three main levels.

At the bottom are the federal district courts, which have original jurisdiction in most cases of federal law. Made up of 92 districts, the federal district court system has at least one bench in each of the 50 states, as well as one each in the District of Columbia and Puerto Rico. There are from 1 to more than 20 judges in each district, and, as with most federal jurists, district court judges are appointed by the President and serve for life. Cases handled by the federal district courts include those relating to alleged violations of the Constitution or other federal laws, maritime disputes, cases directly involving a state or the federal government, and cases in which foreign governments, citizens of foreign countries, or citizens of two or more different states are involved.

Directly above the district courts are the United States courts of appeals, each superior to one or more district courts. Established by Congress in 1891, the court of appeals system is composed of 11 judicial circuits throughout the 50 states plus one in the District of Columbia. There are from 6 to 27 judges in each circuit. In addition to hearing appeals from their respective district courts, the courts of appeals have original jurisdiction in cases involving a challenge to an order of a federal regulatory agency, such as the Securities and Exchange Commission.

The highest court in the federal system is the Supreme Court of the United States, the only federal court explicitly mandated by the Constitution. Since 1869 it has been composed of one Chief Justice and eight Associate Justices. The Supreme Court sits in Washington, D.C., and has final jurisdiction on all cases that it hears. The high court may review decisions made by the U.S. courts of appeals, and it may also choose to hear appeals from state appellate courts if a constitutional or other federal issue is involved. The Supreme Court has original jurisdiction in a limited number of cases, including those that involve high-ranking diplomats of other nations or those between two U.S. states.

In addition, the federal judiciary maintains a group of courts that handle certain limited types of disputes. Included among such special federal courts are the Court of Federal Claims, which adjudicates monetary claims against the U.S. government, and the Tax Court. Special court judges, unlike those in the three main levels of the federal judiciary, do not serve for life. The U.S. armed forces have courts-martial for cases involving military personnel (see military law).

At the end of the 1990s, controversy had arisen over the response of federal appeals courts to steadily increasing caseloads. Critics charged that the courts were saving few cases for full consideration and were perfunctorily affirming many lower court decisions rather than publishing reasoned opinions; many felt that this practice was eroding confidence in the system and was denying litigants a chance for further review by the Supreme Court. Defenders of the practice responded that it was necessary if speedy resolution of cases were to occur.

State Court Systems

The system of state courts is quite diverse; virtually no two states have identical judiciaries. In general, however, the states, like the federal government, have a hierarchically organized system of general courts along with a group of special courts. The lowest level of state courts, often known generically as the inferior courts, may include any of the following: magistrate court, municipal court, justice of the peace court, police court, traffic court, and county court. Such tribunals, often quite informal, handle only minor civil and criminal cases. More serious offenses are heard in superior court, also known as state district court, circuit court, and by a variety of other names. The superior courts, usually organized by counties, hear appeals from the inferior courts and have original jurisdiction over major civil suits and serious crimes such as grand larceny. It is here that most of the nation's jury trials occur. The highest state court, usually called the appellate court, state court of appeals, or state supreme court, generally hears appeals from the state superior courts and, in some instances, has original jurisdiction over particularly important cases. A number of the larger states, such as New York, also have intermediate appellate courts between the superior courts and the state's highest court. Additionally, a state may have any of a wide variety of special tribunals, usually on the inferior court level, including juvenile court, divorce court, probate court, family court, housing court, and small-claims court. In all, there are more than 1,000 state courts of various types, and their judges, who may be either appointed or elected, handle the overwhelming majority of trials held in the United States each year.

See also conflict of laws.

Early Court Systems

The most ancient courts known, e.g., those of Egypt and Babylonia, were semiecclesiastical institutions that used religious rituals in deciding issues. In Greece the functions of a court were chiefly undertaken by citizens' assemblies that heard the arguments of orators. In Rome there was a clear evolution of the court system from priestly beginnings to a wholly secular, hierarchal organization staffed by professional jurists (see Roman law). Western Europe (after the collapse of Rome) and Anglo-Saxon England had mainly feudal courts of limited territorial authority, administering customary law, which differed in each locale.

Courts in England

In England, after the Norman Conquest (1066), royal authority was gradually extended over the feudal lords, and by the early 13th cent., although purely local courts had not been abolished, the supremacy of the central courts that had evolved from the Curia Regis [Lat.,=king's court], namely, the Court of Exchequer, the Court of Common Pleas, and King's Bench, was established. The Court of Common Pleas heard cases between ordinary subjects of the king, while King's Bench heard cases involving persons of high rank and acted as a court of appeals. Soon itinerant royal courts were established to spare civil litigants the labor and expense of going to the capital at Westminster and to afford hearings to persons held on criminal charges in county jails. By the 14th cent. the principal function of the central courts was to hear appeals from the circuit courts.

Unity was at least temporarily disrupted by the emergence (16th cent.) of equity as a distinct body of law administered by the chancery. The conflict of jurisdiction continued to some extent until 1875, when the Judicature Act of 1873 went into effect. As presently constituted as a result of subsequent reforms, the courts of England and Wales consist of the Court of Appeal, the High Court (with civil jurisdiction), the Crown Court (with criminal jurisdiction), the county courts, and the magistrates' courts. The High Court is divided, purely for administrative purposes, into three divisions: Chancery, Family, and King's (or Queen's) Bench. Appeals may in some instances be taken from the court of appeal to the House of Lords. The judicial committee of the privy council hears appeals from overseas territories still under British domain and from some Commonwealth countries. Under the Constitutional Reform Act 2005 a new Supreme Court for Great Britain and Northern Ireland will be created in 2009, ending the role of the House of Lords as the highest court of appeal.

Courts in the United States

In the United States there are two distinct systems of courts, federal and state. Each is supreme in its own sphere, but if a matter simultaneously affects the states and the federal government, the federal courts have the decisive power. The district court is the lowest federal court. Each state has at least one federal district, and some of the more populous states contain as many as four districts. There are 11 circuit courts of appeals (each with jurisdiction over a defined territory) and a court of appeals for the District of Columbia; these hear appeals from the district courts. There are, in addition, various specialized federal courts, including the Tax Court and the federal Court of Claims. Heading the federal court system is the U.S. Supreme Court.

The court systems of the states vary to some degree. At the bottom of a typical structure are local courts that have authority only in specific matters and jurisdictions (e.g., court of the justice of the peace, police court, and court of probate). County courts, or the equivalent, exercising general criminal and civil jurisdiction, are on the next level. All states have a highest court of appeals, and some also have intermediate appellate courts. In a few states separate courts of equity persist.

See court system in the United States for a fuller discussion of this topic.

Scope and Jurisdiction

Section 1 of Article 3 of the Constitution provides for vesting the judicial power of the United States in one supreme court and in such inferior courts as Congress establishes. Section 2 defines the scope of U.S. judicial power and establishes the jurisdiction of the Supreme Court. The judicial power extends to all cases arising under the Constitution, laws, and treaties of the United States; to cases concerning foreign diplomats and admiralty practice; and to diversity cases (those between citizens of different states) and cases in which the United States or a state is a party (however, the Eleventh Amendment, adopted in 1798, forbids federal cognizance of cases brought against a state by citizens of another state or by citizens of a foreign state).

The cases in which the Supreme Court has original jurisdiction—i.e., where another court need not first consider the controversy—are those in which diplomats or a state is a party; even here, it has been held, inferior courts may enjoy concomitant jurisdiction. In all other federal cases the Supreme Court exercises appellate jurisdiction, but subject to limitations and regulations made by Congress.

Procedures

The court's annual term begins in October. Five justices constitute a quorum to hear a case, and decision is rendered by majority vote. In the event of a tie, the previous judgment is affirmed. Under the Judiciary Law as amended in 1934, cases are usually brought to the court by appeal or by writ of certiorari. The appeal procedure is used when the highest state court has declared that a U.S. statute is unconstitutional or that a state statute does not violate the U.S. Constitution, laws, or treaties. If a lower federal court rules that a U.S. statute is unconstitutional, the government may prosecute an immediate appeal. Certiorari is granted at the court's discretion, with most applications refused. It may be used to review the constitutional decisions of state courts of last resort and federal decisions on any important matter, especially when the inferior courts are in disagreement.

Functions

The Supreme Court has two fundamental functions. On the one hand, it must interpret and expound all congressional enactments brought before it in proper cases; in this respect its role parallels that of the state courts of final resort in making the decisive interpretation of state law. On the other hand, the Supreme Court has power (superseding that of all other courts) to examine federal and state statutes and executive actions to determine whether they conform to the U.S. Constitution. When the court rules against the constitutionality of a statute or an executive action, its decision can be overcome only if the Constitution is amended or if the court later overrules itself or modifies its previous opinion. The decisions are not confined to the specific cases, but rather are intended to guide legislatures and executive authority; thereby they mold the development of law. Thus, in the U.S. governmental system the Supreme Court potentially wields the highest power.

The Supreme Court, however, has found many constitutional limitations on its powers, and has voluntarily adopted others so as not to interfere unduly with the other branches of government or with the states. Though there are some notable exceptions, the court has a standing policy of eschewing political disputes, i.e., issues that are considered to be policy matters of legislative or executive authorities. In 1962 the court, over protests that it was entering a "political thicket," ruled in Baker v. Carr that the legislatures of several states must correct imbalances in representation between rural and urban areas. The court rarely attempts to infringe upon the power of the President over foreign affairs. Self-imposed restraints, observed only intermittently, include consideration of a constitutional issue only if the case cannot be considered on other grounds, and the formulation of constitutional decisions in the narrowest terms.

Membership

Members of the court are appointed by the President with the advice and consent of the Senate. Like all federal judges, they retain their office indefinitely during "good behavior" (only in one instance—that of Justice Samuel Chase in 1805—were impeachment proceedings ever brought against a member of the Supreme Court).

The size of the Supreme Court is not prescribed by the Constitution; it is set by statute. The court began in 1789 with six members and was increased to seven in 1807, to nine in 1837, and to ten in 1863. In 1866 the membership was reduced to eight to prevent President Andrew Johnson from filling any vacancies. Since 1869, the court has comprised nine members.

By 2000 a total of 108 Justices, 106 men and 2 women, had sat on the bench. Five served both as Associate Justice and as Chief Justice; they were John Rutledge (appointed Chief Justice in 1795 but never confirmed by the Senate), Edward D. White (appointed to the court in 1894 and Chief Justice from 1910 to 1921), Charles Evans Hughes (an Associate Justice from 1910 to 1916, he served as Chief Justice from 1930 to 1941), Harlan F. Stone (appointed to the court in 1925 and Chief Justice from 1941 to 1946), and William H. Rehnquist (appointed Associate Justice in 1971 and Chief Justice in 1986). See the table entitled Supreme Court Justices for a chronological list of all Chief Justices and Associate Justices.

History

The history of the Supreme Court reflects the development of the U.S. economy, the alteration of political views, and the evolution of the federal structure. In its earliest years, the court had little business to transact. Much of the justices' time was consumed in appearing on the federal courts of appeal in the judicial circuits assigned to them. This obligation of circuit riding was later to interfere seriously with the performance of the court's more important business. For the most part the full bench—sitting first in New York City, then in Philadelphia, finally in Washington—was a court of last resort in admiralty cases and in cases arising out of diversity of citizenship. The court somewhat later decided (in 1842 in Swift v. Tyson) that in diversity suits it would follow not state law but a presumed federal common law.

The status of the Supreme Court was somewhat uncertain until the tenure (1801-35) of John Marshall, the "Great Chief Justice." Marshall, a strong Federalist, in Marbury v. Madison established the principle of judicial review, i.e., the right of all courts to refuse the enforcement of unconstitutional enactments of Congress. The same power in regard to state laws was asserted in the opinion of Martin v. Hunter's Lessee (1816), delivered by Justice Joseph Story.

In other opinions, Marshall further strengthened the Federalist position as against those who espoused states' rights. This is seen notably in McCulloch v. Maryland (1819), which, by holding the creation of the second National Bank a legitimate power of Congress, gave judicial sanction to Alexander Hamilton's broad interpretation of the Constitution and extended the powers of the federal government over matters of decisive economic importance; and in Gibbons v. Ogden (1824), which confirmed the power of Congress to regulate commerce. Also of importance was Marshall's decision in the Dartmouth College Case (1819), which protected state-granted charters from impairment by state legislatures.

Under Marshall's successor, Roger B. Taney, the court recognized to some extent the claims of state regulatory authority through police power. However, in the Dred Scott Case, Taney made what many persons considered an unwarranted limitation of federal authority in forbidding Congress to prohibit slavery in the territories. So violent was the reaction of antislavery forces to the decision that in the North the prestige of the court declined greatly. The low point in the judiciary's estate came during the Civil War when Taney's challenge of President Lincoln's power to suspend habeas corpus was ignored by the President and denounced by the Northern press (see Merryman, ex parte).

The end of the Civil War to 1937 encompasses the second great period in the history of the court. After the adoption (1868) of the Fourteenth Amendment, the character of litigation before the court was altered, and there were many cases alleging that state legislation took liberty or property without due process of law, or denied equal protection of the laws. In the late 19th cent., the flood of litigation arising from a wide variety of causes was delaying the disposition of cases up to three years. Relief was imperative, and finally, in 1891, Congress created the circuit courts of appeals to give a final hearing to most appeals and excused the justices from riding circuit (however, each justice still heads one or more circuits).

In the early 20th cent., the court appeared to be highly conservative in its views. It showed in general a rigid adherence to stare decisis (the rule that precedents are to be followed), a tendency to prevent the states from adopting laws that restricted business in its employment practices and other activities, and little disposition to restrain the states from restricting civil liberties, as in the Plessy v. Ferguson case (1896), which upheld the right of states to enforce segregationist Jim Crow legislation in many Southern states. In the Insular Cases (1901), arising out of questions concerning the status of peoples in the territories acquired as a result of the Spanish American War, the court asserted that the civil rights guaranteed by the Constitution did not automatically apply to the people of an annexed territory, i.e., the Constitution did not follow the flag.

In one notable case, Muller v. Oregon (1908), the court departed from its conservative stand to uphold a state law limiting the maximum working hours of women. The case was unique in that Louis D. Brandeis, counsel for the state, and later to become a distinguished member of the court, eschewed the traditional legal arguments and showed with overwhelming evidence from physicians, factory inspectors, and social workers that the number of hours women worked affected their health and morale. The modern concern with civil liberties began in the aftermath of World War I, as the court, led by Oliver Wendell Holmes and Brandeis, began to expand the constitutional protections to free speech.

A third great period of constitutional history began after President Franklin Delano Roosevelt came to office and Congress passed landmark economic legislation. Much of the economic legislation of the New Deal was attacked on various constitutional grounds, e.g., that the laws were unwarranted delegations of legislative power to the President and interfered with the exclusive power of the states over intrastate commerce. From 1935 to 1937, the court struck down such major pieces of New Deal legislation as the National Industrial Recovery Act (in the Schechter Poultry Case), the Agricultural Adjustment Act, and the Bituminous Coal Act. Some of the laws were condemned by five-to-four decisions.

Unalterably in the conservative camp were Pierce Butler, James McReynolds, George Sutherland, and Willis Van Devanter. The liberals (and supporters for the most part of New Deal legislation) were Benjamin N. Cardozo, Brandeis, and Harlan F. Stone. In the center were Chief Justice Hughes and Owen J. Roberts. Roosevelt, who had not appointed a single justice, was determined to change the composition of the court and proposed (Feb., 1937) a measure designed to displace the "nine old men" and to infuse the bench with "new blood" of his choosing.

His plan—which even his opponents conceded was probably constitutional—was to provide retirement at full pay for all members of the court over 70; if a justice refused to retire, an "assistant" with full voting rights was to be appointed. In no case might there be more than 15 justices. The majority in Congress, which characterized the scheme as "packing the court," prevented it from ever coming up for a vote, and it was abandoned in July.

In April, however, Hughes and Roberts joined the liberal group, thus giving the New Deal a precarious majority of one. By five-to-four votes the National Labor Relations Act and the Social Security Act were upheld. The majority justified these and other decisions by pointing out that the scope of federal legislation had to expand because the growing interdependence of the country made local economic legislation of little value. The court also enunciated the novel view that in acting under the "general welfare" clause of Article 1, Section 8, of the Constitution, Congress was not limited to carrying out its express powers as listed in Article 1 but might pursue a wider range of objectives. Congress was thus given a vast new range of legislative power free of Supreme Court censure.

In 1938, the court took another revolutionary step in overruling Swift v. Tyson. The doctrine of a federal common law was repudiated, and in handling diversity suits the federal courts were directed to use state law. While in this case the Supreme Court limited the scope of federal activity, it took certain steps in the opposite direction. In the conflict of laws (juristic relations between states) it announced many new principles, and it forbade even limited state taxation of federal facilities but offered Congress fairly wide scope to tax various state-supported activities.

The court of the 1940s, with seven appointments by Roosevelt, was not more unified than its Depression-era predecessor. There was less public concern, however, since the court did not invalidate major legislation, while the diverse views of its members on technical subjects—antitrust and patent law, conflict of laws, taxation—mainly concerned lawyers and business. On the contrary, the percentage of dissents and of special opinions was greater than at any previous time. A notable blot on the court's record during World War II was its decision in Korematsu v. United States (1944), which upheld the constitutionality of wartime relocation and internment of Japanese-Americans.

In the 1950s, the court found itself more and more concerned with the constitutional rights of the individual. Freedom of speech and other civil liberty issues were repeatedly brought before the court during this period of concern over internal subversion. Similarly, Congressional interrogation practices, state sedition laws, and other questionable methods used by the authorities in uncovering Communists in and out of government came under severe scrutiny near the end of the decade. The court's willingness to hold the constitutional guarantees of free speech and due process as above the alleged needs of internal security brought strong criticism from conservative jurists and led to attempts in Congress to curb the court's jurisdiction.

By the late 1950s, a fairly clear division on civil liberties had been established within the court. One wing, often called the judicial pacifists, sided with Felix Frankfurter, who argued that legislation and inquiries concerning internal security should be given the benefit of doubt despite infringements of personal liberty. The judicial activist wing, led by Justices Hugo L. Black and William O. Douglas, felt that the freedoms guaranteed by the Bill of Rights are absolute and should be considered beyond the power of Congress or the executive to modify. However, in civil-rights litigation, the court closed ranks in 1954, under Chief Justice Earl Warren, to order the desegregation of Southern public schools by a unanimous vote (see integration; Brown v. Board of Education of Topeka, Kans.).

In the 1960s, the court expanded the protection given individuals accused of crimes, especially in the areas of search and seizures (Mapp v. Ohio), confessions (Miranda v. Arizona), and the right to an attorney (Gideon v. Wainwright). In 1967, President Lyndon B. Johnson appointed the first African American, Thurgood Marshall, to the court.

In his first term in office, President Richard M. Nixon was able to significantly affect the outlook of the court by appointing a Chief Justice, Warren Burger, and three Associate Justices, Harry Blackmun, Lewis Powell, and William Rehnquist. Byron White, appointed by John F. Kennedy, often voted with the four to cut back the scope of the Warren court on criminal and other holdings. Emphasizing property rights and freedom from government interference, the court held that a private club with a state liquor license could refuse to serve guests because of their race and that a private shopping center could selectively ban political pickets.

In other areas, however, the Burger court proved surprisingly liberal. The death penalty (see capital punishment) was declared unconstitutional in Furman v. Georgia (1972) on the grounds that it constituted cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution. This was later overturned in Gregg v. Georgia (1976). In Nixon v. United States (1974), a unanimous court, including three Nixon appointees, ordered President Nixon to produce tape recordings relevant to the Watergate affair, a decision that precipitated his resignation three weeks later.

The court's most controversial decision of the Burger years was the declaration of women's rights to abortion in Roe v. Wade (1973). Critics were opposed to both its results—invalidation of state statutes prohibiting abortion—and the grounds for the decision, which they believed had usurped the prerogatives of legislatures in voiding state laws and asserted an unenumerated right not laid out in the Constitution. This argument found favor in the 1980s, under the administrations of Presidents Ronald Reagan and George H. W. Bush, who were committed to overturning the 1973 decision, and had the opportunity to make five appointments to the court.

With the emergence of a working conservative majority, particularly under the leadership of William Rehnquist (1986-2005), many of the Warren and Burger court precedents in the areas of criminal procedure and civil liberties were scaled back. Though the court approved of restrictions on the right to abortion, it also, by a narrow majority, continued to uphold the underlying principle of Roe v. Wade. The continuing controversy over the abortion ruling and other civil liberties cases placed the court in the center of a national political debate, underscored by the bitter Senate hearings on the unsuccessful nomination of Robert Bork and the contention that surrounded the elevation of Clarence Thomas to the court. From the mid-1990s to the mid-2000s the other members of the court were John Paul Stevens, appointed by President Ford; Sandra Day O'Connor, the first female Justice, Antonin Scalia, and Anthony Kennedy, all Reagan appointees; David Souter, appointed by President George H. W. Bush (who also appointed Thomas); and Ruth Bader Ginsburg and Stephen Breyer, both Clinton appointees. At the beginning of the 21st cent., the court's center was far to the right of the center during the Warren and even the Burger years. On the other hand, Justices Souter, Ginsburg, and others were felt to have acted as a brake on conservative judicial activism. A significant subsequent set of decisions (2004, 2005) in which the justices found that only juries can make the findings of fact that affect a defendant's sentence was notable for the shifting alliances among the members that determined the outcome of the cases.

The Rehnquist court, despite its sometimes activist approach, also espoused the doctrines of judicial restraint, restrictions on federal power, and deference to the states. These positions appeared to be abandoned by the court in Dec., 2000, when, after Al Gore had sought and won a court-ordered recount from the Florida supreme court, the U.S. Supreme Court split 5-4 along ideological lines and ordered an end to the recount (because a single standard for conducting the recounts had not been established by the Florida court). Many observers felt that the court had tarnished its reputation with its decision, and some felt that it was a blatantly political ruling in favor of the Republican candidate, George W. Bush.

In 2005, with the retirement of Justice O'Connor and the death of Chief Justice Rehnquist, Bush appointed John G. Roberts, Jr., to succeed Rehnquist and Samuel A. Alito, Jr., to replace O'Connor. These appointments, especially that of Alito, who was confirmed in 2006, were generally regarded as increasing the conservatism of the Court, as shown by its upholding (2007) of a federal law banning the late-term abortion procedure abortion opponents have called "partial-birth" abortion and its decision (2007) that strongly limited the degree to which school districts could use race in order to avoid resegregation.

A notable ruling (2006) of the new Court determined that the president could not use military commissions that had not been authorized by Congress to try foreign terror suspects. The judgment appeared to undermine the Bush administration's long-standing but legally untested assertion that the president's constitutional powers to defend the United States were not subject to congressional legislation. The 5-3 decision overturned an appeals court ruling that had been decided in part the new chief justice, who did not participate in the ruling.

Chief Justices

Associate Justices

A dispute may be brought before the court by consent of the parties in the particular case or by virtue of an advance formal declaration of acceptance of the court's jurisdiction. States making such declarations, however, sometimes impose restrictive conditions on their acceptance. The United States excludes all disputes concerning domestic matters from the court's jurisdiction, reserving the right to determine what it regards as domestic. The court's competence between states is limited to disputes concerning the interpretation of treaties, questions of international law, breaches of international obligation, and reparations due. Concern has been expressed at the small number of cases nations have submitted to it. Major opinions of the court have ruled that the General Assembly may not admit a state to the United Nations if the application is vetoed by one of the permanent members of the Security Council; that the United Nations is to be considered as an international legal person; that special United Nations assessments, such as those for the Congo and Middle East operations, are regular expenses of the United Nations and are binding on all members; and that South Africa must withdraw from Namibia (accomplished with Namibia's independence in 1990).

The court interprets EU treaties and legislation. Although it may attempt to reconcile differences between national and EU laws, ultimately its decisions overrule those of national courts; they have tended to expand the EU's domain. Increased litigation over the years led to the establishment (1988) of a lower court, the Court of First Instances; appeals to the Court of Justice are tightly restricted. International law cases involving nations outside the EU are heard by the World Court in The Hague; the European Court of Human Rights in Strasbourg, France, is recognized by the members of the Council of Europe and hears cases relating to the European Convention for the Protection of Human Rights and Personal Freedoms.

Special court handling problems of delinquent, neglected, or abused children. Two types of cases are processed by a juvenile court: civil matters, often concerning care of an abandoned or impoverished child, and criminal matters, arising from antisocial behaviour by the child. Most statutes provide that all persons under a given age (often 18 years) must first be processed by the juvenile court, which can then, at its discretion, assign the case to an ordinary court. Before the creation of the first juvenile court, in Chicago in 1899, and the subsequent creation of other such courts in the United States and other countries (e.g., Canada in 1908; England in 1908; France in 1912; Russia in 1918; Poland in 1919; Japan in 1922; and Germany in 1923), juveniles were tried in the same courts as adults.

Learn more about juvenile court with a free trial on Britannica.com.

In English law, a court through which the powers, privileges, and immunities reserved to the sovereign were exercised. Such courts were originally formed during the period when the sovereign's power was greater than the Parliament's. The Star Chamber, the High Commission, and the Court of Chancery all achieved importance in the 16th century. By the 17th century they were being challenged by the common law courts and competing political interests, and they were soon put out of business. Seealso Privy Council.

Learn more about prerogative court with a free trial on Britannica.com.

In England and Wales, any of the inferior courts with primarily criminal jurisdiction covering a wide range of offenses, from minor traffic violations and public-health nuisances to somewhat more serious crimes, such as petty theft or assault. Magistrates' courts with similar jurisdictions, including jurisdiction over small civil claims, may be found in certain large U.S. municipalities.

Learn more about magistrates' court with a free trial on Britannica.com.

Hotel designed for persons traveling by automobile, with convenient parking space provided (the name blends the words “motor hotel”). Originally usually consisting of a series of separate or attached roadside cabins, motels serve commercial and business travelers and persons attending conventions and business meetings as well as vacationers and tourists. By 1950 the automobile was the principal mode of travel in the U.S., and motels were built near large highways, just as hotels had been built near railroad stations.

Learn more about motel with a free trial on Britannica.com.

Military court for hearing charges brought against members of the armed forces or others within its jurisdiction; also, the legal proceeding of such a court. Most countries today have military codes of justice administered by military courts, often subject to civilian appellate review. Courts-martial are generally convened as ad hoc courts to try one or more cases referred by some high military authority. The convening officer chooses officers, and sometimes enlisted personnel, from his or her command to sit on the court, determine guilt or innocence, and hand down sentences. Seealso military law.

Learn more about court-martial with a free trial on Britannica.com.

In civil proceedings, a court order compelling a party to do or to refrain from doing a specified act. It is an equitable remedy for harm for which no adequate remedy exists in law. Thus it is used to prevent a future harmful action (e.g., disclosing confidential information, instituting a national labour strike, or violating a group's civil rights) rather than to compensate for an injury that has already occurred. It also provides relief from harm for which an award of money damages is not a satisfactory solution. A defendant who violates an injunction may be cited for contempt. Seealso equity.

Learn more about injunction with a free trial on Britannica.com.

Comic entertainer whose madness or imbecility, real or pretended, made him a source of amusement and gave him license to abuse and poke fun at even his most exalted patrons. Professional fools flourished in diverse societies from ancient Egyptian times until the 18th century. Often deformed, dwarfed, or crippled, fools were kept for luck as well as amusement, in the belief that deformity can avert the evil eye and that abusive raillery can transfer ill luck from the abused to the abuser. In some societies, they were regarded as inspired with poetic and prophetic powers. The greatest literary characterization of the fool is found in William Shakespeare's King Lear.

Learn more about fool with a free trial on Britannica.com.

Official assembly with judicial authority to hear and determine disputes in particular cases. In early judicial tribunals, judges sat in enclosures (courts in an architectural sense), and lawyers and the general public remained outside a bar (hence the term bar in legal contexts). Modern British courts are divided into those trying criminal cases and those trying civil cases; a second distinction is made between inferior courts, or courts of first instance, and superior courts, or courts of appeal. In the U.S. each state has its own system of courts, usually consisting of a superior (appellate) court, trial courts of general jurisdiction, and specialized courts (e.g., probate courts). The U.S. also has a system of federal courts, established to adjudicate distinctively national questions and cases not appropriately tried in state courts. At the apex of the national system is the Supreme Court of the United States. The secondary level consists of the United States Courts of Appeals. United States District Courts form the tertiary level. Crimes committed by military figures may be tried in a court-martial. In the past, ecclesiastical courts had broad jurisdiction. Seealso International Court of Justice; judiciary.

Learn more about court with a free trial on Britannica.com.

Principal judicial body of the United Nations, located at The Hague. Its predecessor organization was the Permanent Court of International Justice, the judicial body of the League of Nations. Its first session was held in 1946. Its jurisdiction is limited to disputes between states willing to accept its authority on matters of international law. Its decisions are binding, but it has no enforcement power; appeals must be made to the UN Security Council. Its 15-member body of judges, each of whom serves a nine-year term, is elected by countries party to the court's founding statute. No two judges may come from the same country. Seealso European Court of Justice.

Learn more about International Court of Justice (ICJ) with a free trial on Britannica.com.

Permanent judicial body established by the Rome Statute of the International Criminal Court (1998) to prosecute individuals accused of genocide, war crimes, and crimes against humanity. The court commenced operations on July 1, 2002, after the requisite number of countries (60) ratified the Rome Statute (some 140 countries signed the agreement). The ICC was established as a court of last resort to prosecute the most heinous offenses in cases where national courts fail to act. It is headquartered in The Hague. By 2002 China, Russia, and the U.S. had declined to participate in the ICC, and the U.S. had campaigned actively to have its citizens exempted from the court's jurisdiction.

Learn more about International Criminal Court (ICC) with a free trial on Britannica.com.

Four societies of British students and practitioners of law that have the exclusive right to admit people to practice. The four are Lincoln's Inn, Gray's Inn, Inner Temple, and Middle Temple. All are located in London and trace their origins to the Middle Ages. Until the 17th century, when the Inn of Chancery developed (for training in the framing of writs and other legal documents used in the courts of chancery, or equity courts), the Inns of Court had a monopoly over legal education. By the 19th century, modern law schools had emerged.

Learn more about Inns of Court with a free trial on Britannica.com.

Judicial branch of the European Union (EU), established in 1958 to ensure the observance of international agreements negotiated by predecessor organizations of the EU. Headquartered in Luxembourg, it reviews the legality of the acts of EU executive bodies and rules on cases of civil law between member states or private parties. It can invalidate the laws of EU members when they conflict with EU law. Its bench, which is appointed by member governments, consists of 25 judges and 8 advocates-general. Prior to 2004, the ECJ met as a full chamber for all cases, but it now may sit as a “grand chamber” of 11 judges. Seealso International Court of Justice.

Learn more about European Court of Justice with a free trial on Britannica.com.